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REGULAR COUNCIL MEETING
AGENDA REPORT
Tuesday, January 2, 1990
CALL TO ORDER 7:30 p.m.
1. Pledge of Allegiance
2. Minutes of The Previous Meeting
3. Consent Agenda:
a) Consider Approval of Invoices To Be Paid - see
attached.
b) Consider Approval of Worthless Check
Prosecution Agreement - On February 6, 1989
the City Council approved the Worthless Check
Prosecution Agreement. This Agreement with
the Scott County Attorney's office allows the
County Attorney to take sole res~onsibility
for worthless check prosecutions lnstead of
through the City Attorney's office. A motion
as part of the consent agenda would be in
order to renew the Agreement.
4. Administer Oath of Office and Present Certificate
of Election to Mayor Lydia Andren, and
Councilmembers John Fitzgerald and Gene White
City Manager Unmacht will administer the Oath of
Office and present a Certificate of Election to the
Mayor and newly elected Councilmembers. A request
has been made for individual oaths, so City Manager
Unmacht will perform each oath separately.
5. Consider Approval of Mdewakanton sioux Amendment #1
Amended Sewer Construction and Maintenance
Agreement - see attached staff report.
6. Consider Approval of Ordinance 89-11 Amending Prior
Lake City Code Sections 5-6-3 and 5-6-6 see
attached staff report.
7. Consider Approval of Bylaws, Appointments, Fee
Schedule and Bids for 1990:
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
g.
h.
a. Review and Approve Bylaws for 1990 In May
of 1986 the Mayor and Councilmembers adopted a
set of B~laws to guide their actions. One of
the requlrements of the Bylaws in Section (C)
4 is that the Bylaws can be reviewed and
amended at any time during the year. However,
the Bylaws shall be formally reviewed and
adopted at an annual meeting which is the
first regular meeting in January. In
addition, in Section (3) Annual Meetings, a
discussion occurs with regard to reviewing and
adopting the Bylaws during the annual meeting.
The purpose of this item is to review and
approve the Bylaws for 1990. Staff is not
aware of any proposed changes by the City
Council at this time. Please review the
Bylaws and be prepared to adopt the Bylaws or
make any changes you so desire.
Review and Approve Fee Schedule for 1990
Attached is a copy of the proposed 1990
Schedule. Changes between 1989 and 1990
highlighted for you and represent either a
or adjusted fee amount, a summary of which
also attached.
b.
Fee
are
new
is
c.
Approve Acting Ma~or for 1990 - Councilmember
Scott was the actlng mayor for 1989. Council
should appoint an Acting Mayor for 1990.
Approve Official Newspaper for 1990 The
Prior Lake American was the official newspaper
in 1989. The Prior Lake American is
recommended to be the official newspaper in
1990.
d.
e.
Approve Official Bank for 1990 The Prior
Lake State Bank was the official bank in 1989.
The same is recommended for 1990. Staff will
continue its practice of investing funds at an
institution with the highest rate of return.
Approve Equalization Committee for 1990 - The
full Council was the Equalization Committee
for 1989. The same is recommended for 1990.
f.
Approve Liquor License Committee for 1990
Ma~or Andren, Cit~ Manager Unmacht, Police
Chlef Powell and Clty Attorney Kessel were on
the Liquor License Committee in 1989. The
same is recommended for 1990.
Approve Gas and Fuel Bids for 1990 a
memorandum from the Finance Department for the
1990 Fuel Bids is included in the Agenda
Packet.
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i.
Approve
Marshall
Marshall
Marshall
1990.
Fire Marshall and Assistant Fire
for 1990 - Bob Mertens was the Fire
and Lyle Anderson was Assistant Fire
in 1989. The same is recommended for
j. Approve civil Defense Director for 1990
Lyle Anderson was Civil Defense Director in
1989. The same is recommended for 1990.
k. Approve Health Officer for 1990 Dr. Lynch
was appointed Health Officer in 1989. The
same is recommended for 1990. (Dr. Lynch
provided staff with valuable advice during the
water tower incident last year.)
I. Approve Animal Warden for 1990 Bob
McAllister was the Animal Warden in 1989. The
same is recommended in 1990.
m. Approve Consulting Planner for 1990 - Charles
Tooker was the Consulting Planner in 1989.
Staff recommends Tooker be reaffirmed as
Consulting Planner in 1990. Staff will
retain the right to seek additional
consulting services if required.
n. Approve Fiscal Consultant for 1990 Steve
Mattson, Juran & Moody was the Fiscal
Consultant in 1989. The same is recommended
for 1990.
o. Approve Auditing Firm for 1990 - The George M.
Hanson Company was the auditing firm for 1989.
The same is recommended for 1990.
8. Discuss Plans for Council Winter Workshop City
Manager Unmacht will present a proposed outline for
the meetin9 and will solicit Council feedback prior
to finalizlng the plans. The current plan is to
conduct the workshop from Friday, February 2 to
Sunday, February 4, 1990. Although not unanimous,
the majority of Councilmembers want to return to
the Scant ion for the workshop location.
9. Receive Centennial Committee Report - Assistant
City Manager Schmudlach will be giving an oral
update on Centennial Committee activities including
1990 Lakefront Day activities and 1991 Centennial
activities.
10. Other Business
a) Discuss Planning Commission Workshop Scheduled
for Saturday, January 20, 1990. City Manager
Unmacht will discuss the agenda at the
meeting.
*All times stated on the Council Agenda, with the exception of
Public Hearings, are approximate and may start a few minutes
earlier or later.
MINUTES OF THE CITY COUNCIL
December 18, 1989
The Common Council of the City of Prior Lake met in regular
session on Monday, December 18, 1989 at 7:30 p.m. in the City
Council Chambers. Present were Mayor Andren, Councilmembers
Fitzgerald, Larson, Scott, White, City Manager Unmacht, City
Planner Graser, Planning Intern Gary Schmitz, Assistant city
Manager/Economic Development Director Schmudlach, and City
Attorney Kessel.
Mayor Andren called the meeting to order and asked everyone to
rise for the pledge of allegiance.
The minutes of the December 4,1989 Council meeting were reviewed
by Council.
MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE DECEMBER
4,1989 MINUTES AS SUBMITTED.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was approval of the Consent Agenda as
follows:
a)
b)
c)
d)
e)
f)
g)
Invoices To Be Paid
Animal Warden Report
Building Inspection Report
Fire and Rescue Report
Treasurer's Report
Release of utility Easement
h)
i)
j)
k)
Consider Approval of
Consider Approval of
Consider Approval of
consider Approval of
Consider Approval of
Consider Approval of
Robert Robbs
Consider Approval of Resolution 89-36 Request
Extension From Metropolitan Council to Amend the
Comprehensive Plan
Consider Approval of Appointments to EDC
Consider Approval of Final PaYment for Water Tower
Project 87-12
Consider Approval of Final PaYment To Rainbow Play
systems, Inc.
Consider Approval of 1990 Cigarette Licenses
for
MOTION MADE BY FITZGERALD SECONDED BY SCOTT, TO APPROVE THE
CONSENT AGENDA ITEMS (a) THRU (k).
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
Minutes of the city Council
December 18, 1989
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was continue Discussion on Winter Lake
Access (DNR Public Access and/or Sand Point Beach Park). city
Manager Unmacht briefly discussed Council's directive to staff at
the December 4, 1989 meeting. Discussion occurred on the closing
of the access and the commitment made to the neighbors in an
agreement with the DNR. Council concurred that the DNR access
adjacent to Sand Point should be kept closed (as specified) to
honor the agreement. Councilmember Fitzgerald requested that
staff, in the spring, assess the damage caused to Sand Point
Beach Park by the winter ingress/egress traffic, and possibly
consider using the DNR access after negotiating with nei~hbors
and DNR. council consensus was to have further input prlor to
renewing negotiations next spring.
The next order of business was Discuss Resolution 89-37
Restricting Parkin9 Near Public Accesses. City Manager Unmacht
summarized the detalls and Council discussed whether or not the
Resolution should include parking restrictions for Sand Point
Beach as well as Dewitte Avenue public access. Council directed
staff to conduct a workshop with Sand Point Beach residents to
ascertain whether parking restrictions in the Sand Point Beach
public access area were desired.
MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADOPT AMENDED
RESOLUTION 89-37 RESTRICTING PARKING NEAR DEWITTE PUBLIC ACCESS.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
Due to the fact that it was too early to hold the public hearing
as scheduled Council decided to discuss Agenda Item 11 which was:
Consider Joining 35 W Council as Exofficio Member. Assistant
City Mana~er Schmudlach presented details of the proposal.
Council dlrected staff to take appropriate steps to enroll the
city as an exofficio member. The City would then be notified of
any meetings by the Council regarding expansion of Interstate 35
W without paying dues, however, the City would have no voting
rights as an exofficio member.
A short recess was called.
The meeting reconvened at 8:00 p.m.
The next order of business was a Public Hearing to Consider
Adding Section 2-3-4 (H) to the City Code - Ordinance 89-10.
Mayor Andren called the public hearing to order at 8:00 p.m. and
read the public notice as it appeared in the Prior Lake American
on December 11 and 18, 1989. Planning Intern Schmitz presented
details of the pro~osed amendment to the City Code and explained
that the City Councll and Planning commission had discussed the
proposed amendment at the last council/Planning Commission
workshop. This amendment would add a year-end summar~ report of
variance activity to the list of Planning Commisslon duties.
Council discussion occurred.
2
Minutes of the City Council
December 18, 1989
MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADOPT ORDINANCE
89-10 ADDING SECTION 2-3-4 (H) TO THE CITY CODE.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADJOURN THE
PUBLIC HEARING.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
A short recess was called.
The meeting reconvened at 8:10 p.m.
The next order of business was: Continuation of Public Hearing on
1990 Budget and Adoption of Resolution 89-35 Approving 1990 Tax
Levy. Mayor Andren called the public hearing to order at 8:10
p.m. City Manager Unmacht presented details and overheads of the
proposed reductlon of the general fund budget from a 4.6% to a
3.8% increase. Discussion followed. Bill Linker addressed the
Council with his opinion on the City Manager's recommendation.
Further discussion occurred.
MOTION MADE BY LARSON, SECONDED BY WHITE, TO APPROVE RESOLUTION
89-35 CERTIFYING THE 1990 TAX LEVY.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
MOTION MADE BY LARSON, SECONDED BY WHITE, TO ADJOURN THE PUBLIC
HEARING.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
A short recess was called.
The meeting reconvened at 8:55 p.m.
The Council decided to hear Agenda Item 10 which was Consider
City Ordinance Amendment to Title 3 City Manager Unmacht
presented details of the request from Ray Lemley, owner of the
Hollywood Inn, and other City bar owners. The bar owners were
requesting that the ordinance be amended to comply with 1989
statutory changes in the Minnesota liquor laws. One of the
purposes of the ordinance amendment is to extend the hour of
Sunday liquor. sales from Midnight on Sunday to 1:00 a.m. on
Monday. (This action would be for all Sundays, but the impetus
is because New Year's Eve occurs on a Sunday night this year.)
Council concurred that the Code should be amended to comply with
the statutory changes.
MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE
ORDINANCE 89-06 AS AMENDED BY CITY MANAGER AT THE MEETING.
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Minutes of the City Council
December 18, 1989
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was Consider Findings of Fact,
Conclusions and Recommendation from Administrative Law Judge
Relating to Chaser's Bar violations. City Manager Unmacht handed
out a letter addressed to the Council from Glenn Lubbers, and
then summarized the Law Judge's findings, conclusions and
recommendation. Mayor Andren ~resented the Liquor Committee's
recommendation to the Councll that the City assess the cost of
$4,520 incurred in obtaining the Law Judge's ruling plus a fine
of $2,000 for violation of the liquor laws. Glenn Lubbers, owner
of Prior Place and Chaser's Bar, addressed the Council and
requested leniency from the penalty of $4,520 in costs and $2,000
fine. Discussion followed regarding the Liquor Committee's
recommendation and the possibility of allowing Lubbers to ~ay the
costs in installments to prevent the establishment from 901ng out
of business, and waiving the $2,000 fine. Further dlScussion
occurred regarding the use of Administrative Law Judges.
MOTION MADE BY FITZGERALD, SECONDED BY LARSON, THAT THE CITY
COUNCIL ADOPT THE NOVEMBER 22, 1989 FINDINGS OF FACT AND
CONCLUSIONS OF ADMINISTRATIVE LAW JUDGE PHYLLIS RHEA.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE
PENALTY IN THE AMOUNT OF $4,520 AGAINST GLEN LUBBERS/CHASER'S BAR
TO BE PAID IN EQUAL MONTHLY INSTALLMENTS WITHIN THE NEXT FIVE
MONTHS.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
Council requested that it be shown for the record that the Liquor
Committee's recommendation for a $2,000 penalty be waived,
however, should any further violations occur, the fine and the
amount will be reconsidered. Lubbers addressed the Council again
thanking them for their consideration and reiterated that the
establishment had been at fault and he was taking action to
prevent further violations.
The next order of business was Consider Final Resolution of
McDonald Variance Application. City Manager Unmacht presented
details of the proposal for the City to purchase the parcel south
of Quincy Street from Bill McDonald. Discussion occurred on
proposed uses for the parcel once the City purchased it, as well
as disposition of park property already owned by the City.
Further discussion occurred regarding the purchase of the parcel.
Bill McDonald addressed the Council and stated he would consider
repurchasing the property if the council wanted to resell it at a
later date. Mayor Andren expressed an opinion that she did not
a9ree with the proposal to purchase the property. Council
dlscussed staff's recommendation to receive donations on the
development of this property.
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Minutes of the City Council
December 18, 1989
MOTION MADE BY WHITE, SECONDED BY LARSON, FOR THE CITY TO ENTER
INTO A PURCHASE AGREEMENT WITH MCDONALD, WITH METHOD OF PAYMENT
TO BE FINALIZED BY STAFF.
Upon a vote taken, ayes by Fitzgerald, Larson, Scott and White:
nay by Andren, the motion carried.
The next order of business was Consider City Ordinance Amendments
to comply with the Minnesota State Statutes. The first ordinance
to consider was Ordinance 89-13, amending Section 5-4-1 and 4-1 P
with regard to moving residential buildings within the city.
Planning Intern Schmitz presented details of moving residential
buildings into, within and out of the City limits and changing
the amount of the letter of credit. Discussion occurred
regarding architectural design standards, and enforcement of the
ordinance. Council directed staff to amend Ordinance 89-13 to
reflect plans for backfilling and restoration of the property
once the bui1din9 was moved and determine whether this action
could be handled wlthin the City's permitting process.
The next ordinance to be discussed was 89-08 Section 6-6-8 <A>
dealing with land dedication for conservation purposes.
Planning Intern Schmitz presented details of this amendment. A
brief discussion occurred regarding the type of land this
ordinance would include.
MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE ORDINANCE
89-08 AMENDING CITY CODE SECTION 6-6-8 AND PRIOR LAKE SUBDIVISION
ORDINANCE NO. 87-10, SECTION 6-6-8.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next ordinance under discussion was Ordinance 89-12 Title 11
regarding towing of vehicles. City Manager Unmacht discussed the
current restriction on the Police Department in towing of
vehicles while implementing the snowbird ordinance.
MOTION MADE BY LARSON, SECONDED BY SCOTT, TO ADOPT ORDINANCE
89-12 AMENDING PRIOR LAKE CITY CODE SECTION 11-1-3.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The following topics under Other Business were discussed:
City Manager Unmacht noted that there was a vacancy on the
Transportation Advisory Board if anyone on the Council was
interested in the position they should let him know.
City Manager Unmacht asked Council to make a decision on
Council meeting dates for January, since the first Monday
falls on New Year's day and the third Monday falls on Martin
Luther King's birthday, which are official holidays. Council
concurred that the meetings should take place on the first
and third Tuesdays in January.
5
Minutes of the City Council
December 18, 1989
Councilmember Fitzgerald discussed the subject of a water
treatment plant. Council concurred that staff should review
the issue and make recommendations as to how to address the
problem.
Councilmember Fitzgerald discussed the notice of a
for elected officials which had been handed out
Manager Unmacht.
The next Council meeting will be Tuesday, January 2, 1990 at 7:30
p.m.
seminar
by City
There being no further business, the meeting
10:15 p.m. by general consent of the Council.
adjourned at
vld J. Unma
ty Manager
De~r~~~
Recording Secretary
6